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Nationality, Immigration and Asylum Act 2002

Status:

This is the original version (as it was originally enacted).

134Employer

This section has no associated Explanatory Notes

(1)The Secretary of State may require an employer to supply information about an employee whom the Secretary of State reasonably suspects of having committed an offence under—

(a)section 24(1)(a), (b), (c), (e) or (f), 24A(1) or 26(1)(c) or (d) of the Immigration Act 1971 (c. 77) (illegal entry, deception, &c.),

(b)section 105(1)(a), (b) or (c) of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud), or

(c)section 106(1)(a), (b) or (c) of that Act (support for asylum-seeker: fraud).

(2)The power under subsection (1) may be exercised to require information about an employee only if the information—

(a)is required for the purpose of establishing where the employee is, or

(b)relates to the employee’s earnings or to the history of his employment.

(3)In this section a reference to an employer or employee—

(a)includes a reference to a former employer or employee, and

(b)shall be construed in accordance with section 8(8) of the Asylum and Immigration Act 1996 (c. 49) (restrictions on employment).

(4)Where—

(a)a business (the “employment agency”) arranges for one person (the “worker”) to provide services to another (the “client”), and

(b)the worker is not employed by the employment agency or the client,

this section shall apply as if the employment agency were the worker’s employer while he provides services to the client.

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